Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-06-16
LONG AND SHORT HAUL.
Decision Of the Interstate Commits.
0iOMers.

The decision OF the Interstate Commerce Com
mission on the petitions TO suspend the long-and
short-haul clause was rendered last night The
Commissioners take the ground that the railroad
companies must judge for themselves what are
''similar circumstances and conditions" which
prohibit their charging more for short than for q
long haul and the Commission will then decide
whether they have violated the law. They will
leave railroad companies In fixing their tariffs TO
act upon their own judgment and at their own
risk, subject to accountability before the commits
sion and the courts in cases where complaint is
made by interested parties OF violation or the laws
The Commission however, so over the questions
that have been presented and come to the follow
ing conclusions: First, that the prohibition OF
plies only where the conditions are similar.
Second. OF this similarity or diSSimilarity the
companies must In the first instance, Judge for
themselves.
Third. The commission will decide whether the
judgement OF the roads is correct, and I'm case OF
company to show why they departed from the gen.
eral rule.
Fourth. That the provisions of section l.. re.
Quir1ng charges to be reasonable and just, and OF
section 2, forbidding unjust Discrimination, ap-
ply when exceptional charges are made under sec
ito n as they do in other cases
Fifth. That the existence OF actual competi-
tfOn, which is OF controlling force In respect 10
traffic important in amount, may make out the dis
the carrier TO charge less for the longer than for
the shorter haul over the same line in the same
direction, the shorter being included In the longer
l. When the competition is with carriers by
water which are not subject to the provisions OF
the statute.
2. When the competition is with foreign or
other railroads which are not subject TO the pro-
visions OF the statute.
8 In rare and peculiar cases or competition be-
tween railroads which are subject TO the statute.
when strict application OF the general rule OF the
statute would be destructive OF competition
Sixth. The committee further decides that when
greater charge In the aggregate is made for the
transportation OF passengers or the like kind OF
property for a shorter than for a longer distance
over the same line in the same direction, the
shorter being included In the longer distance IL is
not sufcfent justification therefor that the trafic
which is subjected to such greater charge is way
or local traffic. and that which is given the more
favorable rates is not. Nor is IL sufficient Justf
cation for such greater charge that the shOrt-haul
tramc Is more expensive to the carrier, unless
when the circumstances are such as To make IL
exceptionally expensive or the long-haul traffic
exceptionally inexpensive the difference oelng
Nor that the lesser charge on the longer haul
has for its motive the encouragement OF manu-
features or some other branch Of Industry.
Nor that it is designed TO build up business OF
trade centerS.
Nor that the lesser charge on the longer haul is
merely continuation or the favorable rates under
which trade centers or Industrial establishments
have been built up.
The fact that long haul traffic will only bear
certain rates Is no reason for carrying II for less
than cost at the expense OF other traffic.
In reference to the fifth conclusion, they say
III WAS IdlTly SQOWn OelOT0 uS lOSJduCtS tx
ist, and may be found, along the routes OF petit
TONERS lines, in the states OF Kentucky, Tennes-
see Georgia. Alabama. Mississippi, and Louisiana,
where the competition OF waterways forces down
the railroad rates below what is possible to make
them at nOn-compet1tive points, and still main
tain the roads with success or efficiency"
The Commissioners say that competition with
Canadian roads may, It Is believed, present
case OF disS1milar circumstances and conditions.
Whenever SUCH roads compete with roads I'm the
United States for business, between one part OF
our country and another, state OF circumstances
arises and exists to such business which Justi-
fieS American roads In meeting such competition
by corresponding reduction or rates, without re-
gard TO the fact that In doing the rates between
The terminals may be reduced below rates TO and
from intermediate places which are otherwise rea-
SOnable and just in themselves.
In conclusion the Commission says:
"Our Investigations lead TO the conclusion that
strict conformity TO the general rule Is possible I'D
jury to either pubic or private interests; and that
In other sections the exceptions can be and ought
to be made much less numerous than they have
been hitherto and that when exceptions are adj
United the charges should be less disproportonate.
Very many OF the roads, as we are informed, have
so arranged their tariffs as to make exception
whatever; and where that has been proved TO be
reasonably feasible, return to the former custom
cannot be tolerated. In any case in which COM
pany fails to bring its tariff into conformity with
the general rule and parties whose interests are
thereby unravorably affected complain, 1t must be
prepared to justify its action by showing Of cir
cumstances and conditions which render 1t just
and pa nal